Re:FMLA and the Law

[Guest guest]

Hi Stacey & Joe in PA,

This is Steph in VA. From what I know about FMLA, the company does not

have to keep the specific job for a person out on FMLA -- they only have to have

a job at the same pay rate & be sure that the employee is qualified for the

position they are given upon return to the workplace. I work for the

Commonwealth of Virginia plus my agency shares its office with several federal

agencies under the USDA so we are subject to rules of both governments. When I

first started with my agency, I had to attend trainings about federal policies

(EEOC, Sexual Harassment, FMLA, etc.) . Please bear in mind my information may

be wrong.

Regarding help with paying for meds, I have been on Remicade for 7

years, without any problems. For 1 treatment I wasn't under insurance so

Centocor, Remicade's manufacturer, gave it to me for free.

I did some research for you. Visit here for help with Rituxan through

Genetch: http://www.gene.com/gene/products/access/index.jsp.

For Orencia, visit here:

http://www.orencia.com/orencia/channels/content.jsp?BV_UseBVCookie=Yes & channelId\

=-86905, which gives you links to the Partnership for Prescription assistance.

Let me know if can help you further.

Take care,

Steph in VA

Hello friends ~

I need help right now and was hoping someone may know what way to go.

My husband Joe has Rheumatoid Arthritis and Osteo for several years now and is

on treatment... .altho the next step is IV infusion because Humira and Enbrel

and the other cocktails he has been on are no longer working. Our insurance will

only pay 10% of the Rituxan/Orancia and with a minimum cost starting at 20,000$

how on earth can we do that! So thats out. His doctors office told him to call

this number for help with the meds...they have no money available. The only

other thing is for Joe to get into a study.....he may get the real thing, may

get a placebo.

Joe has been battling flares for awhile now....which of course is why the doctor

said its time for the next stage. He is the meat of the story: I emailed this to

an attorney who I was recommended to by a friend. But instead of typing this all

over.....I just copy and pasted it. Have any of you had experience with this

kind of issue or can tell me where to research the info. Of couse with the job

he was moved to its hell on his condition. The Courier job was so good for his

problems...and now without the proper medication-- -I figure he is on his way to

joint destruction at a faster pace. I should note here his company is slowly

closing up and it is my opinion that he is a financial BURDEN to him because of

the cost of his medication as it stands and his medical bills.....for which we

are already in collection for 3300.00$. I think this is a way to weed him out.

His insurance plan stinks, however its still something. So read what I emailed

to the attorney and tell me what

you think. This is what I typed:

My husband (ph ) has had Rheumatoid Arthritis and Osteo Arthritis for

quite a few years now and has been undergoing treatment by a Rheumatologist. He

recently had knee surgery to clean out the joint, shave the cartlidge

down...etc. We applied for the FMLA at his work and Joe was out 4 weeks. (Of

course his boss made comments like 'my wife had that done and she was back in 2

weeks'). He returned on Monday, Novemeber 6th to his full regular duties as a

company courier. On Tuesday, November 7th at 1:45 PM he was called to the

conference room and told his Courier job was being eliminated and starting

Monday, Novemeber 13th he would have to go to the warehouse and drive forklift.

Joe was told the rest of corporation does not have a Courier in any of their

facilities. And that they needed to have their staffing in line with everyone

elses in the corporation. Joe was told they were looking to eliminate that

position before he went out on FMLA. They told Joe they 'saved'

him a position while he was out.

His salary stayed the same, but the duties/responsibili ties are by far

different. Since Joe started his job in the warehouse, one of the truck drivers

has been doing the job as well as Joe's boss. In trying to understand the law

and FMLA we are not sure this was right on their part and may be a violation of

FMLA. How do you feel?

You came HIGHLY recommended by Mrs. Koscak and if you would agree that we may

have something here, we would ask that you represent us.

Of course Joe's Courier job was good for his diagnosis and Joe did NOT have an

attendance problem, in fact they told Joe that he was a good, dependable worker

who is detail oriented, and works well by himself.

Should we pursue legal counsel with your office? I was going to file a complaint

with the PHRC, but since Mrs. Koscak spoke highly of you, I thought we would go

this route.

Thank you for your time, and I look forward to hearing from you.

Your honest opinions please...... ........

(and Joe) in PA

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